New Law Requires Same-Day Parental Notification for Use of Restraints or Time Out Rooms
August 18, 2022
By: Kristin Warner
On Aug. 17, 2022, Gov. Hochul signed into law Senate Bill S7548A which requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are utilized. This bill adds a new subdivision to Education Law Section 4402.
Under the New York State Regulations of the Commissioner of Education, notification was already required when an emergency intervention occurred, though there was no set time frame specified. Under the new law, boards of education must develop procedures to notify the parent or person in parental relation of a student with a disability on the same day a physical or mechanical restraint is applied on the student or when the student is placed in a time out room. If the parent or guardian cannot be contacted after reasonable attempts are made, the school principal must document such efforts in a writing to the Committee on Special Education. The law is effective immediately.
If you have questions about the topics referenced in this memo, please contact Kristin Warner, any attorney in Bond’s School Law practice or the attorney at the firm with whom you are regularly in contact.